[Federal Register Volume 76, Number 142 (Monday, July 25, 2011)]
[Notices]
[Pages 44309-44317]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18740]



=======================================================================

-----------------------------------------------------------------------



DEPARTMENT OF EDUCATION




Applications for New Awards; Charter Schools Program Grants to 

Non-State Educational Agencies for Planning, Program Design, and 

Initial Implementation and for Dissemination



AGENCY: Office of Innovation and Improvement, Department of Education.



ACTION: Notice.



-----------------------------------------------------------------------



Overview Information



    Charter Schools Program (CSP) Grants to Non-State Educational 

Agencies (Non-SEA) for Planning, Program Design, and Initial 

Implementation and for Dissemination. Notice inviting applications for 

new awards for fiscal year (FY) 2011.



Catalog of Federal Domestic Assistance (CFDA) Numbers: 84.282B and 

84.282C.



DATES: 

    Applications Available: July 25, 2011.

    Deadline for Transmittal of Applications: August 24, 2011.



Full Text of Announcement



I. Funding Opportunity Description



    Purpose of Program: The purpose of the CSP is to increase national 

understanding of the charter school model and to expand the number of 

high-quality charter schools available to students across the Nation by 

providing financial assistance for the planning, program design, and 

initial implementation of charter schools, and to evaluate the effects 

of charter schools, including their effects on students, student 

academic achievement, staff, and parents. Non-SEA eligible applicants 

in States in which the SEA



[[Page 44310]]



does not have an approved application under the CSP may receive direct 

grants from the Secretary for planning, program design, and initial 

implementation of charter schools, and to carry out dissemination 

activities. States with an approved application are Arizona, Arkansas, 

California, Colorado, Delaware, the District of Columbia, Florida, 

Georgia, Idaho, Indiana, Louisiana, Maryland, Massachusetts, Michigan, 

Minnesota, Missouri, New Hampshire, New Mexico, New York, Ohio, Oregon, 

Rhode Island, South Carolina, Tennessee, Texas, Utah, and Wisconsin.

    Non-SEA eligible applicants that propose to use grant funds for 

planning, program design, and initial implementation of charter schools 

must apply under CFDA number 84.282B. Non-SEA eligible applicants that 

request funds for dissemination activities must apply under CFDA number 

84.282C.

    Priorities: This notice includes three competitive preference 

priorities and one invitational priority. The competitive preference 

priorities are from the notice of final supplemental priorities and 

definitions for discretionary grant programs, published in the Federal 

Register on December 15, 2010 (75 FR 78486).

    Competitive Preference Priorities: For FY 2011 and any subsequent 

year in which we make awards from the list of unfunded applicants from 

this competition, these priorities are competitive preference 

priorities. Under 34 CFR 75.105(c)(2)(i) we will award up to an 

additional six points to an application depending on how well the 

application meets Competitive Preference Priority 1, up to an 

additional two points to an application depending on how well the 

application meets Competitive Preference Priority 2, and up to an 

additional two points to an application depending on how well the 

application meets Competitive Preference Priority 3. The maximum number 

of points an application can receive under these priorities is 10 

points.



    Note: In order to be eligible to receive preference under these 

competitive preference priorities, the applicant should identify the 

priority or priorities that it believes it meets and provide 

documentation supporting its claims.



    These priorities are:



Competitive Preference Priority 1--Improving Achievement and High 

School Graduation Rates (up to 6 points)



    This priority is for projects that are designed to address one or 

more of the following priority areas:

    (a) Accelerating learning and helping to improve high school 

graduation rates (as defined in this notice) and college enrollment 

rates for students in rural local educational agencies (as defined in 

this notice);

    (b) Accelerating learning and helping to improve high school 

graduation rates (as defined in this notice) and college enrollment 

rates for students with disabilities;

    (c) Accelerating learning and helping to improve high school 

graduation rates (as defined in this notice) and college enrollment 

rates for English learners;

    (d) Accelerating learning and helping to improve high school 

graduation rates (as defined in this notice) and college enrollment 

rates for high-need students (as defined in this notice);

    (e) Accelerating learning and helping to improve high school 

graduation rates (as defined in this notice) and college enrollment 

rates in high-poverty schools (as defined in this notice);

    (f) Accelerating learning and helping to improve high school 

graduation rates (as defined in this notice) and college enrollment 

rates for all students in an inclusive manner that ensures that the 

specific needs of high-need students (as defined in this notice) 

participating in the project are addressed.



    Note: Applicants will receive one point for each priority area 

they address satisfactorily under this priority.



Competitive Preference Priority 2--Promoting Diversity (up to 2 points)



    This priority is for projects that are designed to promote student 

diversity, including racial and ethnic diversity, or avoid racial 

isolation.



    Note: An applicant addressing Priority 2--Promoting Diversity is 

invited to discuss how the proposed design of its project would help 

bring together students from different backgrounds, including 

students from different racial and ethnic backgrounds, to attain the 

benefits that flow from a diverse student body. We encourage each 

applicant that addresses this priority to discuss in its application 

how it would ensure that its approach to promoting diversity is 

permissible under current law.



Competitive Preference Priority 3--Improving Productivity (up to 2 

points)



    This priority is for projects that are designed to significantly 

increase efficiency in the use of time, staff, money, or other 

resources while improving student learning or other educational 

outcomes (i.e., outcome per unit of resource). Such projects may 

include innovative and sustainable uses of technology, modification of 

school schedules and teacher compensation systems, use of open 

educational resources (as defined in this notice), or other strategies.

    Invitational Priority: For FY 2011 and any subsequent year in which 

we make awards from the list of unfunded applicants from this 

competition, this priority is an invitational priority. Under 34 CFR 

75.105(c)(1) we do not give an application that meets this invitational 

priority a competitive or absolute preference over other applications.

    This priority is:

    Turning Around Persistently Low-Performing Schools.

    The Secretary is particularly interested in projects that support 

turning around persistently low-performing schools. To meet this 

invitational priority, the proposed project should engage in one or 

both of the following types of activities: (1) The creation of a new 

charter school in the vicinity of one or more public schools closed as 

a consequence of a local educational agency (LEA) implementing a 

restructuring plan under section 1116(b)(8) of the ESEA, provided that 

this is done in coordination with the LEA; or (2) the creation of a new 

charter school under the restart model of intervention supported under 

the Department's School Improvement Grants program. (See Final 

Requirements for School Improvement Grants as Amended October 28, 2010 

at http://www2.ed.gov/programs/sif/2010-27313.pdf.) Under this model, 

an LEA converts a school or closes and reopens a school under a charter 

school operator, a charter management organization (CMO), or an 

education management organization (EMO) that has been selected through 

a rigorous review process.



Definitions



    The following definitions are taken from the notice of final 

supplemental priorities and definitions for discretionary grant 

programs, published in the Federal Register on December 15, 2010 (75 FR 

78486), and apply to this competition.

    1. Graduation rate means a four-year adjusted cohort graduation 

rate consistent with 34 CFR 200.19(b)(1) and may also include an 

extended-year adjusted cohort graduation rate consistent with 34 CFR 

200.19(b)(1)(v) if the State in which the proposed project is 

implemented has been approved by the Secretary to use such a rate under 

Title I of the ESEA.

    2. High-need children and high-need students means children and 

students at risk of educational failure, such as children and students 

who are living in poverty, who are English learners, who



[[Page 44311]]



are far below grade level or who are not on track to becoming college- 

or career-ready by graduation, who have left school or college before 

receiving, respectively, a regular high school diploma or a college 

degree or certificate, who are at risk of not graduating with a diploma 

on time, who are homeless, who are in foster care, who are pregnant or 

parenting teenagers, who have been incarcerated, who are new 

immigrants, who are migrants, or who have disabilities.

    3. High-poverty school means a school in which at least 50 percent 

of students are eligible for free or reduced-price lunches under the 

Richard B. Russell National School Lunch Act or in which at least 50 

percent of students are from low-income families as determined using 

one of the criteria specified under section 1113(a)(5) of the 

Elementary and Secondary Education Act of 1965, as amended. For middle 

and high schools, eligibility may be calculated on the basis of 

comparable data from feeder schools. Eligibility as a high-poverty 

school under this definition is determined on the basis of the most 

currently available data.

    4. Open Educational Resources (OER) means teaching, learning, and 

research resources that reside in the public domain or have been 

released under an intellectual property license that permits their free 

use or repurposing by others.

    5. Rural local educational agency means a local educational agency 

(LEA) that is eligible under the Small Rural School Achievement (SRSA) 

program or the Rural and Low-Income School (RLIS) program authorized 

under Title VI, Part B of the ESEA. Eligible applicants may determine 

whether a particular LEA is eligible for these programs by referring to 

information on the Department's Web site at https://www2.ed.gov/nclb/freedom/local/reap.html.

    Requirements: Applicants approved for funding under this 

competition must attend an in-person, two-day meeting for project 

directors during each year of the project. Applicants are encouraged to 

include the cost of attending this meeting in their proposed budgets.



    Program Authority: 20 U.S.C. 7221-7221i; Consolidated 

Appropriations Act, 2010, Division D, Title III, Public Law 111-117; 

Department of Defense and Full-Year Continuing Appropriations Act, 

2011, Division B, Title VIII, Public Law 112-10.



    Applicable Regulations: The Education Department General 

Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 76, 77, 79, 

80, 81, 82, 84, 85, 86, 97, 98, and 99.





    Note: The regulations in 34 CFR part 79 apply to all applicants 

except federally recognized Indian tribes.





    Note: The regulations in 34 CFR part 86 apply only to 

institutions of higher education.





    Note: The regulations in 34 CFR part 99 apply only to 

educational agencies or institutions.



II. Award Information



    Type of Award: Discretionary grants.

    Estimated Available Funds: The FY 2011 appropriation for the CSP is 

$255,518,938, of which we intend to use an estimated $4,201,705 for 

this competition for non-SEA eligible applicants.

    Estimated Range of Awards: $140,000-$200,000 per year for up to 

three years.

    Estimated Average Size of Awards: $175,000 per year.

    Estimated Number of Awards: 22-26.



    Note:  The Department is not bound by any estimates in this 

notice.



    Project Period: Up to 36 months for planning, program design, and 

initial implementation grants under CFDA number 84.282B. Up to 24 

months for dissemination grants under CFDA number 84.282C.



    Note: For planning, program design, and initial implementation 

grants awarded by the Secretary to non-SEA eligible applicants under 

CFDA number 84.282B, no more than 18 months may be used for planning 

and program design and no more than two years may be used for the 

initial implementation of a charter school.



III. Eligibility Information



    1. Eligible Applicants:

    (a) Planning, Program Design, and Initial Implementation grants 

(CFDA number 84.282B): A non-SEA eligible applicant that serves a State 

with a State statute specifically authorizing the establishment of 

charter schools and in which the SEA elects not to participate in the 

CSP or does not have an application approved under the CSP. (See the 

Note below for a definition of ``eligible applicant.'')

    (b) Dissemination grants (CFDA number 84.282C): Charter schools, as 

defined in section 5210(1) of the ESEA (20 U.S.C. 7221i), in States in 

which the SEA elects not to participate in the CSP or does not have an 

application approved under the CSP.



    Note: Consistent with section 5204(f)(6) of the ESEA (20 U.S.C. 

7221c(f)(6)), a charter school may apply for funds to carry out 

dissemination activities, whether or not the charter school 

previously applied for or received funds under the CSP for planning, 

program design, or implementation, if the charter school has been in 

operation for at least three consecutive years and has demonstrated 

overall success, including--

    (1) Substantial progress in improving student academic 

achievement;

    (2) High levels of parent satisfaction; and

    (3) The management and leadership necessary to overcome initial 

start-up problems and establish a thriving, financially viable 

charter school.





    Note: The term eligible applicant is defined in section 5210(3) 

of the ESEA (20 U.S.C. 7221i(3))as a developer that has (a) Applied 

to an authorized public chartering authority to operate a charter 

school; and (b) provided adequate and timely notice to that 

authority under section 5203(d)(3) of the ESEA (20 U.S.C. 

7221b(d)(3)). A developer is defined in section 5210(2) of the ESEA 

as an individual or group of individuals (including a public or 

private nonprofit organization), which may include teachers, 

administrators and other school staff, parents, or other members of 

the local community in which a charter school project will be 

carried out (see section 5210(2) of the ESEA (20 U.S.C. 7221i(2))). 

These competitions (CFDA numbers 84.282B and 84.282C) are limited to 

eligible applicants in States in which the SEA does not have an 

approved application under the CSP (or will not have an approved 

application as of October 1, 2011). The following States currently 

have an approved application under the CSP: Arizona, Arkansas, 

California, Colorado, Delaware, District of Columbia, Florida, 

Georgia, Idaho, Indiana, Louisiana, Maryland, Massachusetts, 

Michigan, Minnesota, Missouri, New Hampshire, New Mexico, New York, 

Ohio, Oregon, Rhode Island, South Carolina, Tennessee, Texas, Utah, 

and Wisconsin.



    Non-SEA eligible applicants and charter schools located in States 

with currently approved CSP applications that are interested in 

participating in the CSP should contact the SEA for information related 

to the State's CSP subgrant competition. Further information is 

available at http://www2.ed.gov/about/offices/list/oii/csp/funding.html.

    2. Cost Sharing or Matching: This program does not require cost 

sharing or matching.



IV. Application and Submission Information



    1. Address to Request Application Package: LaShawndra Thornton, 

U.S. Department of Education, 400 Maryland Avenue, SW., room 4W257, 

Washington, DC 20202-5970. Telephone: (202) 453-5617 or by e-mail: 

Lashawndra.Thornton@ed.gov.

    If you use a telecommunications device for the deaf (TDD), call the 

Federal Relay Service (FRS), toll free, at 1-800-877-8339.

    Individuals with disabilities can obtain a copy of the application 

package in an accessible format (e.g., braille,



[[Page 44312]]



large print, audiotape, or computer diskette) by contacting the program 

contact person listed in this section.

    2. Content and Form of Application Submission: Requirements 

concerning the content of an application, together with the forms you 

must submit, are in the application package for this competition.

    Page Limit: The application narrative (Part III of the application) 

is where you, the applicant, address the selection criteria that 

reviewers use to evaluate your application. The Secretary strongly 

encourages applicants to limit Part III to the equivalent of no more 

than 50 pages, using the following standards:

     A ``page'' is 8.5'' x 11'', on one side only, with 1'' 

margins at the top, bottom, and both sides.

     Double space (no more than three lines per vertical inch) 

all text in the application narrative, including titles, headings, 

footnotes, quotations, references, and captions, as well as all text in 

charts, tables, figures, and graphs.

     Use a font that is either 12 point or larger or no smaller 

than 10 pitch (characters per inch).

     Use one of the following fonts: Times New Roman, Courier, 

Courier New, or Arial.

    The page limit does not apply to Part I, the cover sheet; Part II, 

the budget section, including the narrative budget justification; Part 

IV, the assurances and certifications; or the one-page abstract, the 

resumes, the bibliography, or the letters of support. However, you must 

include all of the application narrative in Part III.

    3. Submission Dates and Times:

    Applications Available: July 25, 2011.

    Deadline for Transmittal of Applications: August 24, 2011.

    Applications for grants under this program must be submitted 

electronically using the Grants.gov Apply site (Grants.gov). For 

information (including dates and times) about how to submit your 

application electronically, or in paper format by mail or hand delivery 

if you qualify for an exception to the electronic submission 

requirement, please refer to section IV. 7. Other Submission 

Requirements of this notice.

    We do not consider an application that does not comply with the 

deadline requirements.

    Individuals with disabilities who need an accommodation or 

auxiliary aid in connection with the application process should contact 

the person listed under FOR FURTHER INFORMATION CONTACT in section VII 

of this notice. If the Department provides an accommodation or 

auxiliary aid to an individual with a disability in connection with the 

application process, the individual's application remains subject to 

all other requirements and limitations in this notice.

    4. Intergovernmental Review: This competition is subject to 

Executive Order 12372 and the regulations in 34 CFR part 79. 

Information about Intergovernmental Review of Federal Programs under 

Executive Order 12372 is in the application package for this program.

    5. Funding Restrictions:

    Use of Funds for Post-Award Planning and Design of the Educational 

Program and Initial Implementation of the Charter School. A non-SEA 

eligible applicant receiving a grant under this program may use the 

grant funds only for--

    (a) Post-award planning and design of the educational program, 

which may include (i) refinement of the desired educational results and 

of the methods for measuring progress toward achieving those results; 

and (ii) professional development of teachers and other staff who will 

work in the charter school; and

    (b) Initial implementation of the charter school, which may include 

(i) informing the community about the school; (ii) acquiring necessary 

equipment and educational materials and supplies; (iii) acquiring or 

developing curriculum materials; and (iv) other initial operational 

costs that cannot be met from State or local sources. (20 U.S.C. 

7221c(f)(3))

    Use of Funds for Dissemination Activities. A charter school may use 

grant funds to assist other schools in adapting the charter school's 

program (or certain aspects of the charter school's program), or to 

disseminate information about the charter school, through such 

activities as--

    (a) Assisting other individuals with the planning and start-up of 

one or more new public schools, including charter schools, that are 

independent of the assisting charter school and the assisting charter 

school's developers, and that agree to be held to at least as high a 

level of accountability as the assisting charter school;

    (b) Developing partnerships with other public schools, including 

charter schools, designed to improve student academic achievement in 

each of the schools participating in the partnership;

    (c) Developing curriculum materials, assessments, and other 

materials that promote increased student achievement and are based on 

successful practices within the assisting charter school; and

    (d) Conducting evaluations and developing materials that document 

the successful practices of the assisting charter school and that are 

designed to improve student performance in other schools. (20 U.S.C. 

7221c(f)(6))

    We reference additional regulations outlining funding restrictions 

in the Applicable Regulations section in this notice.

    6. Data Universal Numbering System Number, Taxpayer Identification 

Number, and Central Contractor Registry: To do business with the 

Department of Education, you must--

    a. Have a Data Universal Numbering System (DUNS) number and a 

Taxpayer Identification Number (TIN);

    b. Register both your DUNS number and TIN with the Central 

Contractor Registry (CCR), the Government's primary registrant 

database;

    c. Provide your DUNS number and TIN on your application; and

    d. Maintain an active CCR registration with current information 

while your application is under review by the Department and, if you 

are awarded a grant, during the project period.

    You can obtain a DUNS number from Dun and Bradstreet. A DUNS number 

can be created within one business day.

    If you are a corporate entity, agency, institution, or 

organization, you can obtain a TIN from the Internal Revenue Service. 

If you are an individual, you can obtain a TIN from the Internal 

Revenue Service or the Social Security Administration. If you need a 

new TIN, please allow 2-5 weeks for your TIN to become active.

    The CCR registration process may take five or more business days to 

complete. If you are currently registered with the CCR, you may not 

need to make any changes. However, please make certain that the TIN 

associated with your DUNS number is correct. Also note that you will 

need to update your CCR registration on an annual basis. This may take 

three or more business days to complete.

    In addition, if you are submitting your application via Grants.gov, 

you must (1) Be designated by your organization as an Authorized 

Organization Representative (AOR); and (2) register yourself with 

Grants.gov as an AOR. Details on these steps are outlined in the 

Grants.gov 3-Step Registration Guide (see http://www.grants.gov/section910/Grants.govRegistrationBrochure.pdf).

    7. Other Submission Requirements: Applications for grants under 

this competition must be submitted electronically unless you qualify 

for an exception to this requirement in accordance with the 

instructions in this section.



[[Page 44313]]



    a. Electronic Submission of Applications.

    Applications for grants under the CSP, CFDA Numbers 84.282B and 

84.282C, must be submitted electronically using the Governmentwide 

Grants.gov Apply site at http://www.Grants.gov. Through this site, you 

will be able to download a copy of the application package, complete it 

offline, and then upload and submit your application. You may not e-

mail an electronic copy of a grant application to us.

    We will reject your application if you submit it in paper format 

unless, as described elsewhere in this section, you qualify for one of 

the exceptions to the electronic submission requirement and submit, no 

later than two weeks before the application deadline date, a written 

statement to the Department that you qualify for one of these 

exceptions. Further information regarding calculation of the date that 

is two weeks before the application deadline date is provided later in 

this section under Exception to Electronic Submission Requirement.

    You may access the electronic grant application for the CSP at 

http://www.Grants.gov. You must search for the downloadable application 

package for this program by the CFDA number. Do not include the CFDA 

number's alpha suffix in your search (e.g., search for 84.282, not 

84.282B or 282C).

    Please note the following:

     When you enter the Grants.gov site, you will find 

information about submitting an application electronically through the 

site, as well as the hours of operation.

     Applications received by Grants.gov are date and time 

stamped. Your application must be fully uploaded and submitted and must 

be date and time stamped by the Grants.gov system no later than 4:30:00 

p.m., Washington, DC time, on the application deadline date. Except as 

otherwise noted in this section, we will not accept your application if 

it is received--that is, date and time stamped by the Grants.gov 

system--after 4:30:00 p.m., Washington, DC time, on the application 

deadline date. We do not consider an application that does not comply 

with the deadline requirements. When we retrieve your application from 

Grants.gov, we will notify you if we are rejecting your application 

because it was date and time stamped by the Grants.gov system after 

4:30:00 p.m., Washington, DC time, on the application deadline date.

     The amount of time it can take to upload an application 

will vary depending on a variety of factors, including the size of the 

application and the speed of your Internet connection. Therefore, we 

strongly recommend that you do not wait until the application deadline 

date to begin the submission process through Grants.gov.

     You should review and follow the Education Submission 

Procedures for submitting an application through Grants.gov that are 

included in the application package for this program to ensure that you 

submit your application in a timely manner to the Grants.gov system. 

You can also find the Education Submission Procedures pertaining to 

Grants.gov under News and Events on the Department's G5 system home 

page at http://www.G5.gov.

     You will not receive additional point value because you 

submit your application in electronic format, nor will we penalize you 

if you qualify for an exception to the electronic submission 

requirement, as described elsewhere in this section, and submit your 

application in paper format.

     You must submit all documents electronically, including 

all information you typically provide on the following forms: the 

Application for Federal Assistance (SF 424), the Department of 

Education Supplemental Information for SF 424, Budget Information--Non-

Construction Programs (ED 524), and all necessary assurances and 

certifications.

     You must upload any narrative sections and all other 

attachments to your application as files in a .PDF (Portable Document) 

format only. If you upload a file type other than a .PDF or submit a 

password-protected file, we will not review that material.

     Your electronic application must comply with any page-

limit requirements described in this notice.

     After you electronically submit your application, you will 

receive from Grants.gov an automatic notification of receipt that 

contains a Grants.gov tracking number. (This notification indicates 

receipt by Grants.gov only, not receipt by the Department.) The 

Department then will retrieve your application from Grants.gov and send 

a second notification to you by e-mail. This second notification 

indicates that the Department has received your application and has 

assigned your application a PR/Award number (an ED-specified 

identifying number unique to your application).

     We may request that you provide us original signatures on 

forms at a later date.

    Application Deadline Date Extension in Case of Technical Issues 

with the Grants.gov System: If you are experiencing problems submitting 

your application through Grants.gov, please contact the Grants.gov 

Support Desk, toll free, at 1-800-518-4726. You must obtain a 

Grants.gov Support Desk Case Number and must keep a record of it.

    If you are prevented from electronically submitting your 

application on the application deadline date because of technical 

problems with the Grants.gov system, we will grant you an extension 

until 4:30:00 p.m., Washington, DC time, the following business day to 

enable you to transmit your application electronically or by hand 

delivery. You also may mail your application by following the mailing 

instructions described elsewhere in this notice.

    If you submit an application after 4:30:00 p.m., Washington, DC 

time, on the application deadline date, please contact the person 

listed under FOR FURTHER INFORMATION CONTACT in section VII of this 

notice and provide an explanation of the technical problem you 

experienced with Grants.gov, along with the Grants.gov Support Desk 

Case Number. We will accept your application if we can confirm that a 

technical problem occurred with the Grants.gov system and that that 

problem affected your ability to submit your application by 4:30:00 

p.m., Washington, DC time, on the application deadline date. The 

Department will contact you after a determination is made on whether 

your application will be accepted.



    Note:  The extensions to which we refer in this section apply 

only to the unavailability of, or technical problems with, the 

Grants.gov system. We will not grant you an extension if you failed 

to fully register to submit your application to Grants.gov before 

the application deadline date and time or if the technical problem 

you experienced is unrelated to the Grants.gov system.



    Exception to Electronic Submission Requirement: You qualify for an 

exception to the electronic submission requirement, and may submit your 

application in paper format, if you are unable to submit an application 

through the Grants.gov system because---

     You do not have access to the Internet; or

     You do not have the capacity to upload large documents to 

the Grants.gov system;

    and

     No later than two weeks before the application deadline 

date (14 calendar days or, if the fourteenth calendar day before the 

application deadline date falls on a Federal holiday, the next business 

day following the Federal holiday), you mail or fax a written statement 

to the Department, explaining which of the two grounds for an exception 

prevent you from using the Internet to submit your application.



[[Page 44314]]



    If you mail your written statement to the Department, it must be 

postmarked no later than two weeks before the application deadline 

date. If you fax your written statement to the Department, we must 

receive the faxed statement no later than two weeks before the 

application deadline date.

    Address and mail or fax your statement to: LaShawndra Thornton, 

U.S. Department of Education, 400 Maryland Avenue, SW., room 4W257, 

Washington, DC 20202-5970. FAX: (202) 205-5630.

    Your paper application must be submitted in accordance with the 

mail or hand delivery instructions described in this notice.

    b. Submission of Paper Applications by Mail.

    If you qualify for an exception to the electronic submission 

requirement, you may mail (through the U.S. Postal Service or a 

commercial carrier) your application to the Department. You must mail 

the original and two copies of your application, on or before the 

application deadline date, to the Department at the following address:

    U.S. Department of Education, Application Control Center, 

Attention: (CFDA Number 84.282B or 84.282C), LBJ Basement Level 1, 400 

Maryland Avenue, SW., Washington, DC 20202-4260.

    You must show proof of mailing consisting of one of the following:

    (1) A legibly dated U.S. Postal Service postmark.

    (2) A legible mail receipt with the date of mailing stamped by the 

U.S. Postal Service.

    (3) A dated shipping label, invoice, or receipt from a commercial 

carrier.

    (4) Any other proof of mailing acceptable to the Secretary of the 

U.S. Department of Education.

    If you mail your application through the U.S. Postal Service, we do 

not accept either of the following as proof of mailing:

    (1) A private metered postmark.

    (2) A mail receipt that is not dated by the U.S. Postal Service.

    If your application is postmarked after the application deadline 

date, we will not consider your application.





    Note:  The U.S. Postal Service does not uniformly provide a 

dated postmark. Before relying on this method, you should check with 

your local post office.



    c. Submission of Paper Applications by Hand Delivery.

    If you qualify for an exception to the electronic submission 

requirement, you (or a courier service) may deliver your paper 

application to the Department by hand. You must deliver the original 

and two copies of your application by hand, on or before the 

application deadline date, to the Department at the following address:

    U.S. Department of Education, Application Control Center, 

Attention: (CFDA Number 84.282B or 84.282C), 550 12th Street, SW., Room 

7041, Potomac Center Plaza, Washington, DC 20202-4260.

    The Application Control Center accepts hand deliveries daily 

between 8:00 a.m. and 4:30:00 p.m., Washington, DC time, except 

Saturdays, Sundays, and Federal holidays.

    Note for Mail or Hand Delivery of Paper Applications: If you mail 

or hand deliver your application to the Department--

    (1) You must indicate on the envelope and--if not provided by the 

Department--in Item 11 of the SF 424 the CFDA number, including suffix 

letter, if any, of the competition under which you are submitting your 

application; and

    (2) The Application Control Center will mail to you a notification 

of receipt of your grant application. If you do not receive this 

notification within 15 business days from the application deadline 

date, you should call the U.S. Department of Education Application 

Control Center at (202) 245-6288.



V. Application Review Information



    1. Application Requirements. An applicant applying for CSP grant 

funds, under either CFDA number 84.282B or 84.282C, must address the 

following application requirements, which are based on 20 U.S.C. 

7221b(b), 7221c(a), and 7221c(b), as well as the applicable selection 

criteria in this notice, and may choose to respond to the application 

requirements in the context of its responses to the selection criteria.

    (i) Describe the educational program to be implemented by the 

proposed charter school, including how the program will enable all 

students to meet challenging State student academic achievement 

standards, the grade levels or ages of children to be served, and the 

curriculum and instructional practices to be used;

    (ii) Describe how the charter school will be managed;

    (iii) Describe the objectives of the charter school and the methods 

by which the charter school will determine its progress toward 

achieving those objectives;

    (iv) Describe the administrative relationship between the charter 

school and the authorized public chartering agency;

    (v) Describe how parents and other members of the community will be 

involved in the planning, program design, and implementation of the 

charter school;

    (vi) Describe how the authorized public chartering agency will 

provide for continued operation of the charter school once the Federal 

grant has expired, if that agency determines that the charter school 

has met its objectives as described in paragraph (iii);

    (vii) If the charter school desires the Secretary to consider 

waivers under the authority of the CSP, include a request and 

justification for waivers of any Federal statutory or regulatory 

provisions that the applicant believes are necessary for the successful 

operation of the charter school, and a description of any State or 

local rules, generally applicable to public schools, that will be 

waived for, or otherwise not apply to, the school;

    (viii) Describe how the grant funds, as appropriate, will be used, 

including a description of how these funds will be used in conjunction 

with other Federal programs administered by the Secretary;

    (ix) Describe how students in the community will be informed about 

the charter school and be given an equal opportunity to attend the 

charter school;

    (x) Describe how a charter school that is considered an LEA under 

State law, or an LEA in which a charter school is located, will comply 

with sections 613(a)(5) and 613(e)(1)(B) of the Individuals with 

Disabilities Education Act (IDEA); and





    Note:  For more information on IDEA, please see http://idea.ed.gov/explore/view/p/%2Croot%2Cstatute%2CI%2CB%2C613%2C.





    (xi) If the eligible applicant desires to use grant funds for 

dissemination activities under section 20 U.S.C 7221a (c)(2)(C), 

describe those activities and how those activities will involve charter 

schools and other public schools, LEAs, developers, and potential 

developers.

    2. Selection Criteria: The selection criteria for this competition 

are from 20 U.S.C. 7221b; 20 U.S.C. 7221c; 34 CFR 75.210 of EDGAR; the 

Consolidated Appropriations Act, 2010, Division D, Title III, Pub. L. 

111-117; and the Department of Defense and Full-Year Continuing 

Appropriations Act, 2011, Division B, Title VIII, Public Law 112-10.

    The selection criteria for applicants submitting applications under 

CFDA number 84.282B are listed in paragraph (a) In this section, and 

the selection criteria for applicants submitting applications under 

CFDA number 84.282C are listed in paragraph (b) in this section.



[[Page 44315]]



    (a) Selection Criteria for Planning, Program Design, and Initial 

Implementation Grants (CFDA number 84.282B). The following selection 

criteria are from section 5204 of the ESEA and 34 CFR 75.210 of EDGAR. 

The maximum possible score for all of the criteria in this section is 

100 points. The maximum possible score for each criterion is indicated 

in parentheses following the criterion. In evaluating an application 

for a planning, program design, and implementation grant, the Secretary 

considers the following criteria:

    (i) Quality of the proposed curriculum and instructional practices 

(20 U.S.C. 7221c(b)(1)) (25 points).



    Note:  The Secretary encourages the applicant to describe the 

quality of the educational program to be implemented by the proposed 

charter school, including how the program will enable all students 

to meet challenging State student academic achievement standards, 

the grade levels or ages of students to be served, and the 

curriculum and instructional practices to be used. If the curriculum 

and instructional practices have been successfully used in other 

schools operated or managed by the applicant, we encourage the 

applicant to describe the implementation of such practices and the 

academic results achieved.



    (ii) The degree of flexibility afforded by the SEA and, if 

applicable, the LEA to the charter school (20 U.S.C. 7721c(b)(2)) (3 

points).



    Note:  The Secretary encourages the applicant to include a 

description of the flexibility afforded under the State's law for 

establishing an administrative relationship between the charter 

school and the authorized public chartering agency and for exempting 

the charter school from significant State or local rules that 

inhibit the flexible operation and management of public schools.

    The Secretary also encourages the applicant to include a 

description of the degree of autonomy the charter school will have 

over such matters as the charter school's budget, expenditures, 

daily operation, and personnel in accordance with its State's 

charter school law.



    (iii) The extent of community support for the application (20 

U.S.C. 7221c(b)(3)) (3 points).



    Note:  The Secretary encourages the applicant to describe how 

parents and other members of the community will be informed about 

the charter school, and how students will be given an equal 

opportunity to attend the charter school.



    (iv) The quality of the strategy for assessing achievement of the 

charter school's objectives (20 U.S.C. 7221c(b)(5)) (15 points).

    (v) Existence of a charter or performance contract between the 

charter school and its authorized public chartering agency (20 U.S.C. 

7221i(1)(L); Consolidated Appropriations Act, 2010, Division D, Title 

III, Pub. L. 111-117; Department of Defense and Full-Year Continuing 

Appropriations Act, 2011, Division B, Title VIII, Public Law 112-10) (5 

points). The existence of a charter or performance contract between the 

charter school and its authorized public chartering agency and the 

extent to which the charter or performance contract describes how 

student performance will be measured in the charter school pursuant to 

State assessments that are required of other schools and pursuant to 

any other assessments mutually agreeable to the authorized public 

chartering agency and the charter school.

    (vi) The extent to which the proposed project encourages parental 

and community involvement (20 U.S.C. 7221b(b)(3)(E)) (3 points).



    Note:  The Secretary encourages the applicant to describe how 

parents and other members of the community will be involved in the 

planning, program design, and implementation of the charter school.



    (vii) Quality of the personnel (34 CFR 75.210(e)(1), (e)(2), and 

(e)(3)(ii)) (25 points). The Secretary considers the quality of the 

personnel who will carry out the proposed project. In determining the 

quality of project personnel, the Secretary considers the extent to 

which the applicant encourages applications for employment from persons 

who are members of groups that have traditionally been underrepresented 

based on race, color, national origin, gender, age, or disability. In 

addition, the Secretary considers the qualifications, including 

relevant training and experience, of key project personnel.

    (viii) Quality of the management plan (34 CFR 75.210(g)(1) and 

(g)(2)(i)) (16 points). The Secretary considers the quality of the 

management plan for the proposed project. In determining the quality of 

the management plan for the proposed project, the Secretary considers 

the adequacy of the management plan to achieve the objectives of the 

proposed project on time and within budget, including clearly defined 

responsibilities, timelines, and milestones for accomplishing project 

tasks.

    (ix) The extent to which the proposed project will assist 

educationally disadvantaged students in meeting State academic content 

standards and State student academic achievement standards (20 U.S.C. 

7221c(a)(1)) (5 points).

    (b) Selection Criteria for Dissemination Grants (CFDA number 

84.282C). The following selection criteria are from section 5204 of the 

ESEA and 34 CFR 75.210 of EDGAR. The maximum possible score for all the 

criteria in this section is 100 points. The maximum possible score for 

each criterion is indicated in parentheses following the criterion. In 

evaluating an application for a dissemination grant, the Secretary 

considers the following criteria:

    (i) The quality of the proposed dissemination activities and the 

likelihood that those activities will improve student achievement (20 

U.S.C. 7221c(b)(7)) (20 points).





    Note:  The Secretary encourages the applicant to describe the 

objectives for the proposed dissemination activities and the methods 

by which the charter school will determine its progress toward 

achieving those objectives.





    (ii) Performance contract (20 U.S.C. 7221i(1)(L); Consolidated 

Appropriations Act, 2010, Division D, Title III, Pub. L. 111-117; 

Department of Defense and Full-Year Continuing Appropriations Act, 

2011, Division B, Title VIII, Public Law 112-10) (5 points). The 

existence of a charter or performance contract between the charter 

school and its authorized public chartering agency and the extent to 

which the charter or performance contract describes how student 

performance will be measured in the charter school pursuant to State 

assessments that are required of other schools and pursuant to any 

other assessments mutually agreeable to the authorized public 

chartering agency and the charter school.

    (iii) Demonstration of success (20 U.S.C. 7221c(f)(6)(A)) (up to 30 

points). The extent to which the school has demonstrated overall 

success, including--

    (1) Substantial progress in improving student achievement (15 

points);

    (2) High levels of parent satisfaction (5 points); and

    (3) The management and leadership necessary to overcome initial 

start-up problems and establish a thriving, financially viable charter 

school (10 points).

    (iv) Dissemination strategy (34 CFR 75.210(b)(2)(xii)) (15 points). 

The Secretary considers the significance of the proposed project. In 

determining the significance of the proposed project, the Secretary 

considers the extent to which the results of the proposed project are 

to be disseminated in ways that will enable others to use the 

information or strategies.

    (v) Quality of the personnel (34 CFR 75.210(e)(1), (e)(2), and 

(e)(3)(i)) (20 points). The Secretary considers the



[[Page 44316]]



quality of the personnel who will carry out the proposed project. In 

determining the quality of project personnel, the Secretary considers 

the extent to which the applicant encourages applications for 

employment from persons who are members of groups that have 

traditionally been underrepresented based on race, color, national 

origin, gender, age, or disability. In addition, the Secretary 

considers the qualifications, including relevant training and 

experience, of the project director or principal investigator.

    (vi) Quality of the management plan (34 CFR 75.210(g)(1) and 

(g)(2)(i)) (10 points). The Secretary considers the quality of the 

management plan for the proposed project. In determining the quality of 

the management plan for the proposed project, the Secretary considers 

the adequacy of the management plan to achieve the objectives of the 

proposed project on time and within budget, including clearly defined 

responsibilities, timelines, and milestones for accomplishing project 

tasks.

    4. Review and Selection Process: We remind potential applicants 

that in reviewing applications in any discretionary grant competition, 

the Secretary may consider, under 34 CFR 75.217(d)(3), the past 

performance of the applicant in carrying out a previous award, such as 

the applicant's use of funds, achievement of project objectives, and 

compliance with grant conditions. The Secretary may also consider 

whether the applicant failed to submit a timely performance report or 

submitted a report of unacceptable quality.

    In addition, in making a competitive grant award, the Secretary 

also requires various assurances, including those applicable to Federal 

civil rights laws that prohibit discrimination in programs or 

activities receiving Federal financial assistance from the Department 

of Education (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).

    5. Special Conditions: Under 34 CFR 74.14 and 80.12, the Secretary 

may impose special conditions on a grant if the applicant or grantee is 

not financially stable; has a history of unsatisfactory performance; 

has a financial or other management system that does not meet the 

standards in 34 CFR parts 74 or 80, as applicable; has not fulfilled 

the conditions of a prior grant; or is otherwise not responsible.



VI. Award Administration Information



    1. Award Notices: If your application is successful, we notify your 

U.S. Representative and U.S. Senators and send you a Grant Award 

Notification (GAN). We may notify you informally, also.

    If your application is not evaluated or not selected for funding, 

we notify you.

    2. Administrative and National Policy Requirements: We identify 

administrative and national policy requirements in the application 

package and reference these and other requirements in the Applicable 

Regulations section of this notice.

    We reference the regulations outlining the terms and conditions of 

an award in the Applicable Regulations section of this notice and 

include these and other specific conditions in the GAN. The GAN also 

incorporates your approved application as part of your binding 

commitments under the grant.

    3. Reporting: (a) If you apply for a grant under this competition, 

you must ensure that you have in place the necessary processes and 

systems to comply with the reporting requirements in 2 CFR part 170 

should you receive funding under the competition. This does not apply 

if you have an exception under 2 CFR 170.110(b).

    (b) At the end of your project period, you must submit a final 

performance report, including financial information, as directed by the 

Secretary. If you receive a multi-year award, you must submit an annual 

performance report that provides the most current performance and 

financial expenditure information as directed by the Secretary under 34 

CFR 75.118. The Secretary may also require more frequent performance 

reports under 34 CFR 75.720(c). For specific requirements on reporting, 

please go to http://www.ed.gov/fund/grant/apply/appforms/appforms.html.

    4. Performance Measures: The goal of the CSP is to support the 

creation and development of a large number of high-quality charter 

schools that are free from State or local rules that inhibit flexible 

operation, are held accountable for enabling students to reach 

challenging State performance standards, and are open to all students. 

The Secretary has two performance indicators to measure progress toward 

this goal: (1) The number of high-quality charter schools in operation 

around the Nation, and (2) the percentage of fourth- and eighth-grade 

charter school students who are achieving at or above the proficient 

level on State examinations in mathematics and reading/language arts. 

Additionally, the Secretary has established the following measure to 

examine the efficiency of the CSP: Federal cost per student in 

implementing a successful school (defined as a school in operation for 

three or more consecutive years).

    All grantees will be expected to submit an annual performance 

report documenting their contribution in assisting the Department in 

meeting these performance measures.

    5. Continuation Awards: In making a continuation award, the 

Secretary may consider, under 34 CFR 75.253, the extent to which a 

grantee has made ``substantial progress toward meeting the objectives 

in its approved application.'' This consideration includes the review 

of a grantee's progress in meeting the targets and projected outcomes 

in its approved application, and whether the grantee has expended funds 

in a manner that is consistent with its approved application and 

budget. In making a continuation grant, the Secretary also considers 

whether the grantee is operating in compliance with the assurances in 

its approved application, including those applicable to Federal civil 

rights laws that prohibit discrimination in programs or activities 

receiving Federal financial assistance from the Department (34 CFR 

100.4, 104.5, 106.4, 108.8, and 110.23).



VII. Agency Contact



FOR FURTHER INFORMATION CONTACT: LaShawndra Thornton, U.S. Department 

of Education, 400 Maryland Avenue, SW., room 4W257, Washington, DC 

20202-5970. Telephone: (202) 453-5617 or by e-mail: 

Lashawndra.Thornton@ed.gov.

    If you use a TDD, call the FRS, toll free, at 1-800-877-8339.



VIII. Other Information



    Accessible Format: Individuals with disabilities can obtain this 

document and a copy of the application package in an accessible format 

(e.g., braille, large print, audiotape, or computer diskette) on 

request to the program contact person listed under FOR FURTHER 

INFORMATION CONTACT in section VII of this notice.

    Electronic Access to This Document: The official version of this 

document is the document published in the Federal Register. Free 

Internet access to the official edition of the Federal Register and the 

Code of Federal Regulations is available via the Federal Digital System 

at: http://www.gpo.gov/fdsys. At this site you can view this document, 

as well as all other documents of this Department published in the 

Federal Register, in text or Adobe Portable Document Format (PDF). To 

use PDF you must have Adobe Acrobat Reader, which is available free at 

the site.

    You may also access documents of the Department published in the 

Federal Register by using the article search feature at: http://



[[Page 44317]]



www.federalregister.gov. Specifically, through the advanced search 

feature at this site, you can limit your search to documents published 

by the Department.



    Dated: July 20, 2011.

James H. Shelton, III,

Assistant Deputy Secretary for Innovation and Improvement.

[FR Doc. 2011-18740 Filed 7-22-11; 8:45 am]

BILLING CODE 4000-01-P